Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand

[2018] FWCA 3376

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand

(AG2018/471)

Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Materials Management Enterprise Agreement 2018 -2022

Waste Management Industry
Commissioner Saunders	SYDNEY, 8 JUNE 2018

Application for approval of the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Materials Management Enterprise Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Materials Management Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand applied for approval of the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Materials Management Enterprise Agreement 2018-2022. The union argued that the agreement should be approved without the need for a vote by the employees. Veolia opposed the application on the basis that the union had not fulfilled the requirements of section 231 of the Fair Work Act 2009, and that the application should therefore be dismissed.

The Fair Work Commission was required to determine whether the union had satisfied the requirements of section 231 of the Fair Work Act 2009. The union argued that it had consulted with the employees and provided them with information about the proposed agreement. It further argued that the employees had been given an opportunity to vote on the proposed agreement, but that the union had decided not to proceed with the vote. Veolia argued that the union had not provided the employees with sufficient information about the proposed agreement, and that it had not given the employees an adequate opportunity to vote on the agreement.

The Fair Work Commission held that the union had not satisfied the requirements of section 231 of the Fair Work Act 2009. The Commission found that the union had not provided the employees with sufficient information about the proposed agreement, and that it had not given the employees an adequate opportunity to vote on the agreement. The Commission further found that the union had not complied with the requirements of the Fair Work Regulations 2009 in relation to the approval of the agreement. The Fair Work Commission therefore dismissed the application for approval of the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established